Montgomery County prosecutors drop charges against Lower Gwynedd father

COURTHOUSE — A father who reportedly was distraught about the care allegedly provided to his disabled child by school employees will not face assault-related charges stemming from the man’s encounter with police who investigated the matter.

Montgomery County Judge Garrett D. Page on Thursday dismissed charges of simple assault, resisting arrest, disorderly conduct and harassment against Andrew Jed Borislow, 47, of the 1200 block of Forrest Hill Drive, Lower Gwynedd, in connection with an alleged June 30, 2011, incident at Shady Grove Elementary School on Skippack Pike in Whitpain.

With the charges, authorities had alleged Borislow resisted arrest at the school and that his left elbow struck the left side of a Whitpain police officer’s face during the alleged disturbance. But the judge dismissed all the charges after accepting a recommendation from Assistant District Attorney Bradford Richman.

“Every case has to be carefully considered on its own facts. In this case, everybody agrees that the police officers walked into the middle of a very volatile and emotional situation. The police officers handled the situation correctly and their ultimate objective of bringing an end to the situation without any injury was achieved,” Richman said.

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“The police officers understand the difficult situation Mr. Borislow was in with regard to his son. The commonwealth felt, in light of all of these circumstances, after an adequate cooling off period, this was an appropriate conclusion to the case,” Richman added.

Defense lawyer Martin P. Mullaney agreed with the outcome.

“I applaud the decision of District Attorney Risa Ferman to drop the charges against my client,” Mullaney said. “I believe it was the correct and just decision under the specific facts and circumstances of this case.”

“There are certain instances where a police officer arrives on scene and has to make quick decisions in the interest of safety before sorting out all of the facts. This is one of those cases,” Mullaney added. “In this instance, Mr. Borislow became distraught and agitated over how his handicapped child was being handled and cared for by the Wissahickon School District.”

Mullaney previously revealed in court papers that Borislow’s son suffers from cerebral palsy and cannot ambulate independently or perform most activities of daily living.

“I think he’s relieved that the whole situation is now behind him. He has enough stress in his daily life attending to the needs of his son. He never needed this added stress in his life,” Mullaney said on Borislow’s behalf.

Other charges of aggravated and simple assault against Borislow, pertaining to Borislow’s alleged interaction at the school with a former supervisor of special education of the Wissahickon School District, were previously dismissed at a preliminary hearing.

In court papers seeking a dismissal of all charges against Borislow, Mullaney previously alleged testimony during a preliminary hearing suggested Borislow was upset because he “noticed that a qualified individual was not present to assist his son in getting off of the bus” and into the school; that a “proper specialized seating chair for his son was not in place at the school”; that an individual who was to provide occupational therapy for his son had been “doubled-up”; and that a proper table or desk for occupational therapy was nonexistent.

According to the original criminal complaint, Whitpain police responded to the elementary school at 9:35 a.m. for a reported disturbance in the principal’s office. The district’s supervisor of special education at that time told police that Borislow “arrived at the school and was upset over the treatment of his son,” according to the arrest affidavit.

A Whitpain police officer who arrived at the school alleged Borislow “appeared to be physically upset and was trembling with anger.”

Allegedly fearing for his safety and that of school personnel, the officer attempted to handcuff Borislow, according to the arrest affidavit. Police alleged Borislow’s elbow struck the officer in the face, causing a small bruise on the officer’s cheek.

According to documents filed by Mullaney, that onetime district supervisor has since resigned from his post and was recently employed as a car salesman.

An attempt to reach Wissahickon School District officials for comment about the defense allegations contained in court papers was unsuccessful on Thursday.